الخلافات الفقهيّة وتقعيدها وأثرها في تطبيق أحكام الفروع عند ابن المنذر النيسابوريّ

Abstract

This article examines the efforts to implement practical theories dealing with Islamic jurisprudential law, the ensuing confrontation between the two streams ahl al-Ra’y (of opinion) tent ahl-al Hadi>th (of tradition) when the first group kept the door wide open to consideration for independent knowledge, while the latter preferred the dedication ceremonies in the Qura>n and Hadi>th, when the weight of the quantitative value of Hadi>th grew older.

A total development of all points of view was actually produced, incorporating legal opinions and legal literature dealing with the details of the laws (al-furu‘, the latter being added only if inserted into a new material. Fuqha’ used to specify explicitly raising new cases.  Furu‘connections role was to offer solutions to all problems that come mind to bring further old and new evidence. Test of the fata>wa is al Ijma>‘ and become part of the school's legal corps, and even then it is not binding.

When the jurist ( al-faqi>h) presents a review, it must be adjacent to the existing doctrine bound by the Ijma>‘ and the previous generations as well, only if he cannot find a precedent, he can carefully apply the methodological principles of  Ijma>‘  al-fuqha>’ and discusses the fact of jurisprudence origins (U>su>l al-fiqh). Through his viewpoint, the opinion of furu‘ connections is incorporated, representing the evolution doctrine of the Madhab .

We learn about the surviving works of scholars such as Shaykh al H}aram  Ibn al Mundhir Muh{ammad b. Ibrahim al-Ni>sa>bu>ri>. (318/906), who was affiliated to ahl al-Ra’y and associated to the view owners Hadith and considered a Mujtahid Mut{laq ( absolute), yet there were differences of opinion between him and the master scholars, so that messed trivialities and essence will create the literature of conflict (al-Khila>f) until a state of mind came in confrontations and  finding a way to escape